Satyanarayan vs Goverdhan Das
2022 Latest Caselaw 9020 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 4102/2022

Satyanarayan S/o Devi Lal Kandara, Aged About 49 Years, Udaipuriya, P.s. Bijoliya, Dist. Bhilwara.

----Petitioner Versus Goverdhan Das S/o Gokul Das Vaishnav, Triveni Circle, Teh. Mandalgarh, Dist. Bhilwara.

----Respondent

For Petitioner(s) : Mr. Sudhir Saruparia For Respondent(s) : Mr. Mool Singh, PP

JUSTICE DINESH MEHTA

Order

11/07/2022

1. By way of the instant petition, the petitioner has challenged

the order dated 20.04.2022 passed by learned Judicial Magistrate,

Maandalgarh, District Bhilwara whereby, he has been directed to

pay 10% of amount of cheque as an interim compensation in

compliance of Section 143(A) of the Negotiable Instruments Act.

2. Learned counsel for the petitioner submits that since the

cheque was issued prior to (on 05.01.2018) insertion of Section

143A in the Negotiable Instruments Act w.e.f. 01.09.2018, such

provision cannot be made applicable in the instant case.

3. In support of his contention aforesaid, learned counsel cites

judgment of Hon'ble the Supreme Court rendered in the case of

G. J. Raja Vs. Tejraj Surana; reported in 2019 Cr.L.R. (SC) 1002.

4. Matter requires consideration.

5. Issue notice. Issue notice of the stay application, returnable

within six weeks.

                                                                        (2 of 2)                     [CRLMP-4102/2022]



                                   6.    Meanwhile,   effect    and      operation        of      the   order   dated

20.04.2022 passed by learned Judicial Magistrate, Maandalgarh,

District Bhilwara in Case No.262/2018 shall remain stayed.

(DINESH MEHTA),J 233-Arvind/-

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